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Resolution Of 13 Of February Of 2015, Of The Address General Of Employment, By Which Is Records And Publishes The Agreement Frame State On Materials Of The Transport Of Travellers By Road, By Vehicles Of Traction Mechanical Of More Than Nine Pl...

Original Language Title: Resolución de 13 de febrero de 2015, de la Dirección General de Empleo, por la que se registra y publica el Acuerdo marco estatal sobre materias del transporte de viajeros por carretera, mediante vehículos de tracción mecánica de más de nueve pl...

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TEXT

Having regard to the text of the State Framework Agreement on the transport of passengers by road, by means of mechanical traction vehicles of more than nine seats, including the driver (convention code number 99100125072015) signed on 22 December 2014, on the one hand by the National Business Federation of Road Travellers Transport (F-ASINTRA) and the Business Federation of Interurban Transport of Travellers in Bus (FENEBUS) on behalf of companies in the sector, and of another by the unions of the state road sector CC Citizenship Services Federation. OO. and the Federation of Mobility and Consumer Services of the UGT on behalf of workers, and in accordance with Article 83 in conjunction with Article 90 (2) and (3) of the Law on the Statute of the Workers, Recast Text approved by Royal Legislative Decree 1/1995 of 24 March, and Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

Order the registration of the said Framework Agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Management Center, with notification to the Commission Negotiator.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, 13 February 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

ARTICULATED TEXT OF THE STATE FRAMEWORK AGREEMENT ON THE TRANSPORT OF PASSENGERS BY ROAD, BY MEANS OF MECHANICAL TRACTION VEHICLES OF MORE THAN NINE SEATS, INCLUDING THE DRIVER

December 22, 2014

TITLE I

General provisions

PREAMBLE

Concerting Parties

The conditions set out in this Framework Agreement for the Road Traveller Transport Sector have been concerted between business and social organisations. It is formalized in accordance with Title III of the Workers ' Statute and constitutes an agreement, adopted pursuant to Article 83-2 and 3.

Article 1. Territorial scope.

This State Framework Agreement on matters in the Road Traveller Transport Sector is formalised under the provisions of Article 83.3 of the Workers ' Statute and will affect all companies in the field of road passenger transport. carriage of passengers by road throughout the Spanish territory with mechanical traction vehicles of more than nine seats, including the Driver (hereinafter referred to as the Framework Agreement), without prejudice to Article 84 of the Staff Regulations Workers in order to allow for the existence of areas of negotiation that have their own own standard rules in accordance with the rules which, for such purposes, are included in the organisation of the structure of collective bargaining in the sector.

Article 2. Personal scope.

This Agreement shall apply to all workers, excluding those who, by virtue of the provisions of the Staff Regulations, do not provide a relationship of a working nature or a special relationship in accordance with the provisions of Article 2. of that standard.

Article 3. Functional scope.

This Framework Agreement shall apply to all road passenger transport undertakings providing for permanent regular transport services of general use, whether urban or inter-urban, temporary regular, Regular use, discretionary and tourist. It will be directly and immediately applicable, without any other processing or negotiation. It is excluded from the functional scope of the Agreement, the public undertakings of the Sector whatever the public administration of which they are dependent and the municipal municipal transport undertakings. The provisions of this Framework Agreement shall not prejudice the application of Article 44 of the Staff Regulations concerning the succession of undertakings.

In the event that the Provincial or Company Conventions maintain generic referrals to the Labor Ordinance or to the latter's substitute arbitration, they shall be construed as referring to this Framework Agreement. refers to the subjects in question.

Article 4. Effective.

This Framework Agreement shall enter into force on the day of its signature, irrespective of the date of publication in the "BOE" and shall end on 31 December 2023. From that date the revision of the Agreement will be negotiated.

If there is no express denunciation of any of the parties, this Agreement shall be extended for annual periods. This provision shall be deemed expressly and at all times as an agreement between parties to this Agreement.

The complaint of the Framework Agreement may be made by any of the parties entitled to it. It shall be made in writing two months in advance of the date of expiry of its initial term or of any of its extensions-in accordance with the provisions laid down-and it shall be transferred to each of the parties entitled to negotiate and to the employment authority.

Article 5. Effectiveness.

This Framework Agreement has been negotiated and signed pursuant to Article 83.3 of the Workers ' Statute, thus seeking to articulate the collective bargaining of the Road Traveller Transport Sector around the same.

The matters dealt with here will be binding and immediate and, without the need for them to be incorporated into the lower-level collective agreements-including the business agreements-which do not contain any regulation of their own on these matters, not being possible further negotiation on the matters contained in this Agreement having been exhausted in this state area. All this is safe from the provisions of the following Article.

Article 6. Binding to the entire.

This Agreement constitutes a unique and indivisible whole, and reflects the interests of the parties, on the matters which it includes, being the fruit of a mutual renunciation of the particular interests in order to achieve a goal This is the harmonious and balanced regulation of the subjects that it contemplates. Hence, if by a firm court judgment or administrative decision of the same character, some part, article or essential aspect of it is declared null or contrary to the law, it will lose in its entirety the effectiveness. In any event, the total content of Title IV of this Agreement and Article 7 thereof shall be understood as essential. The legitimate parties shall begin within 30 days of such a declaration of invalidity or illegality, or in the period of time fixed by the employment administration, the necessary talks to resolve the defects observed, if they did not have the character of insubsables.

The discussions which the parties maintain in order to remedy the case of nullity or illegality brought by a court judgment shall be held for the maximum period of three months from the date on which they are is notified by judicial decision. After that period without reaching any agreement, this Framework Agreement shall lose the effectiveness in its entirety. As long as this period does not elapse, the content of the Framework Agreement not affected by the judicial decision declaring a declaration of invalidity or illegality shall remain in force.

Article 7. Concurrency.

Under the provisions of Article 84, in conjunction with the 83.2 of the Workers ' Statute, the concurrency of lower-level collective agreements shall be settled, unless expressly provided for in this Agreement, content of the Convention at the lower level until the end of its natural life, at which time this Agreement shall apply in the terms laid down in its Articles, and in compliance with Article 84 of the Staff Regulations Workers, concerning the Conventions of Company and related matters in the same. Title IV relating to conventional succession and subrogation, as regards matters reserved to this Framework Agreement, shall be binding, without the need for incorporation into the collective agreements of a lower level, from the moment of their signature, regardless of their publication in the "BOE", and if any lower-level Collective Convention has regulation on this subject, from the moment of the end of its agreed term.

If a Collective Agreement with a territorial scope lower than the State-owned one in force for the signature of this Framework Agreement, it shall provide for or regulate the institution of the subrogation or business succession in the contracts of employment or relations. However, it will remain valid for other types of services other than that of the transport of permanent regular travellers for general, urban or inter-urban use, unless the parties legitimated for their negotiation agree otherwise. the existence of this Framework Agreement, in so far as the Framework Agreement, in its Title IV, regulates that (a) institution exclusively for regular regular transport of general, urban and inter-urban use and does not, therefore, result in competition in this field.

In the same way, if this Framework Agreement loses its validity for any reason, including the expiration of its validity in accordance with Article 4. º, and in order to avoid regulatory voids, they will come into effect and recover its full binding force, all of the provisions and covenants existing in the Conventions and Agreements at the lower level, concerning the subrogation or succession of undertakings in the services of regular transport of passengers by general road, urban and inter-urban, in the last one drafted in the corresponding ones Collective agreements or agreements. Without prejudice to the foregoing, I respect the fact that the negotiating commissions of collective agreements of lower scope may include in their respective conventional texts the wording of the presentTitle IV. Conventional Succession and Subrogation ", in the text of the relevant Conventions or Collective Agreements.

The rights and obligations arising from industrial relations in the field of application of this Framework Agreement, while respecting the content of Article 3 of the ET, shall be regulated, first and in relation to matters which The following shall be indicated-as provided for in this Framework Agreement as a homogenising element of working conditions in the sector within its territorial scope.

In accordance with that objective, in accordance with the provisions of Article 83.2 of the ET, the alleged concurrency between this Framework Agreement and any other type of collective agreement shall be governed by the rules following:

1. At the first level, the State Sectoral General-level negotiation unit is located. (Substitute arbitration of the Labour Ordinance and this Framework Agreement). At a second level, the trading units which, under the provisions of Articles 84 and 87 of the ET, may exist below that sector-wide state level. Any conflicting concurrency between the State sector level and/or the levels below it shall be resolved subject to the material content agreed in the Framework Agreement which has the minimum rate of duty unavailable in the fields of regulates.

2. The framework agreement of the road passenger transport sector will be mandatory and mandatory in the following areas-as they are regulated in the same way-which are considered to be their own and exclusive of their scope in accordance with the provisions of Article 84.4 of the ET, being, in any case, reserved for this trading unit:

Recruitment: Contractual modes, except in the aspects of adaptation to the scope of the company. Succession of enterprises and subrogation, in relation to the services of permanent regular transport of general, urban and interurban use, of road travellers.

Test Periods.

Professional classification.

Disciplinary regime.

Minimum standards for health and safety at work.

Geographic Mobility.

As long as the Framework Agreement does not apply to the regulation of the matters listed above, it shall apply, with the scope that it establishes and in relation to the matters which it regulates, the Substitute Arbitration of the Labour Ordinance of 19 January 2001, 'BOE' of 24 February 2001. Once this Agreement provides for the matters listed in this paragraph, the arbitral award shall remain void. As long as this does not happen, the arbitral award will have the character of a subsidiary standard with respect to the collective agreements of any scope, and an additional character for the companies, provinces and/or autonomous communities that do not have any agreement or collective agreement applicable to them and also for those whose normative content does not regulate any or some of the matters that constitute their object.

TITLE II

Joint Commission

Article 8. Joint Commission.

Both negotiating parties agree to establish a Joint Joint Commission as an organ of interpretation, reconciliation and monitoring of compliance with this Agreement.

Article 9. Composition.

The Joint Committee is composed of four representatives of the trade union organizations that have signed the National Agreement and four representatives of the business organizations, who, among them, choose one or two Secretaries.

This Commission will be able to use the occasional or permanent services of advisers in all matters within its competence. Such advisers shall be freely appointed by each of the parties.

Article 10. Structure.

The Joint Commission, which is agreed, will be central to the entire state. In accordance with the nature of the cases submitted to it, the Central Joint Committee may delegate, by agreement of all its members and if necessary for the specific case raised, in decentralised joint committees at the level of the provincial or regional, whose composition criteria shall be laid down in the delegation agreement by the same Central Joint Committee.

However, when the issues to be dealt with in the interpretation and concurrence of the agreement with the lower-level agreements or covenants, the Central Joint Commission will only be competent.

Article 11. Procedure.

They will proceed to convene the Joint Commission, interchangeably, any of the parts that integrate it. The notice shall be deemed to be valid when it is made by means of electronic mail, fax or registered letter to the addresses indicated at the end of this Agreement.

The Joint Committee shall meet, after being validly convened, within 15 days, in the case of regular meetings, or within five days, of the event that it has been convened with extraordinary character. Such time limits may be extended where such a need is requested and justified by any of the parties.

Article 12. Functions.

These are specific functions of the Joint Commission, in addition to those provided for in Article 91 of the Workers ' Statute, the following:

1. Interpretation of the Agreement and the exclusive solution of concurrency problems with lower-level rules or conventions. The Joint Committee will intervene in the conflicts of interpretation of the Framework Agreement, in particular as regards the provisions of Title IV thereof. In this case it will determine whether the interpretation given by the parties is accommodated in the framework agreement.

2. Monitoring compliance with the agreement.

3. To understand, in advance of the administrative and judicial procedure, on the interposition of collective conflicts arising in the undertakings affected by this Agreement by the application or interpretation thereof, and in particular on the provisions of Title IV thereof.

4. Periodic reports on the matters contained in the Framework Agreement or any other of special importance for the Sector, by the signatory parties to this Agreement, or by those other than those of which the they may accede to the Road Traveller Transport Sector Framework Agreement.

5. Draw up the list of mediators and arbitrators to exercise as such in the conflicts arising in the Sector in accordance with the procedure provided for in the Fifth ASAC (Fifth Agreement on the Autonomous Solution of Labour Conflicts-System Extra-judicial) within one month.

6. To encourage the use of voluntary dispute settlement procedures as a means of consultation and a dialogue on labour disputes.

7. To disseminate the content of this agreement between workers and employers.

8. Dealing with convention concurrency problems.

9. Approve your Rules of Procedure.

10. Develop and implement all types of initiatives that lead to better protection of the Safety and Health of Workers in the Sector at the State level, including the functions of the Joint Committee on Employment Health.

11. Those other functions that are specifically attributed to it in the Framework Agreement.

TITLE III

Voluntary conflict resolution procedures

Article 13. Extra-judicial conflict resolution.

The signatory parties to this Agreement decide to ratify, for the Road Traveller Transport Sector, the V ASAC (Fifth Agreement on the Autonomous Solution of Labor Conflicts-Extracualjudicial System) assuming expressly its content. If there is a conflict of application between the V ASAC and the provisions of this Title III, the first shall prevail.

At the request of the parties to the Joint Commission, the specific organs of the Road Traveller Transport Sector integrated into the SIMA (Interfederal Mediation and Arbitration Service), must mediate, to reconcile or to adjudicate in the treatment and solution of all collective questions and conflicts, may be raised within the scope of this State Agreement, provided that such collective consultations have been submitted to the Joint Committee through some of the signatory organizations.

In this regard, the Joint Commission will coordinate its actions with the mechanisms of mediation, conciliation and arbitration of the existing autonomy framework or that can be put into operation in the future.

Article 14. Scope of application.

This Title is for the entire national territory and requires companies and workers to be bound by this State Framework Agreement on matters in the field of road passenger transport.

Article 15. Collective conflicts.

They may be subject to the voluntary dispute settlement procedures covered by this Title, those disputes or labour disputes involving a plurality of workers, or in which the interpretation, object of divergence, affects supra-personal or collective interests.

For the purposes of this Title, they shall also have the character of collective conflicts which, however, may be promoted by an individual worker, their solution is extensible or generalizable to a group of workers and refer to the matters contained in Title IV of this Agreement.

Article 16. Procedures.

The procedures for solving collective conflicts are:

a) Interpretation agreed within the Joint Committee.

b) Mediation.

c) Arbitration.

Article 17. Mediation.

In conflicts the procedure will be voluntary and will require agreement of the parties.

The mediation will be mandatory in all cases, in the case of a conflict of interpretation of the Convention or of interests or of concurrency with other rules of action, and must necessarily precede the corresponding one. judicial action.

The mediation may be requested by mutual agreement or at the request of a party, after having tried within a minimum period of one month to resolve the conflict in the framework that originated.

The parties or parties seeking mediation may propose a mediator from the lists drawn up by the Joint Committee or ask the Commission to exercise such a function or to appoint it. Where the request for mediation is joint, the mediator proposal may also be the case.

In the conflicts of interest, the Joint Committee will establish a working order based on the principles set out here, as well as on the future of the Interconfederal Agreement on these matters. pactar, and/or in coordination with existing autonomic framework mediation, conciliation and arbitration mechanisms, or that may be put into operation in the future.

The solution proposals offered by the mediator to the parties may be freely accepted or rejected by the parties. In the event of acceptance, the agreement achieved shall have the same effectiveness as the agreement in collective agreement.

This agreement shall be formalised in writing, and shall be submitted to the competent labour authority for the purposes and within the time limit laid down in Article 90 of the Staff Regulations.

Article 18. Arbitration.

Regardless of the arbitration which, by mutual agreement, may be derived from the above mediation procedure, an arbitral dispute settlement procedure may be concluded as follows:

1. By means of the arbitration procedure, the parties to the dispute agree, voluntarily, to entrust a third party and to accept in advance the solution that is dictated by its differences.

2. The agreement of the parties promoting the arbitration shall be formalized in writing, shall be referred to as the Arbitration Agreement and shall consist at least of the following:

-Name of the designated referee or umpires.

-Issues that are submitted to the arbitral award and deadline to dictate it.

-Address of affected parties.

-Date and signature of the parties.

3. Copies of the arbitration commitment shall be made to the Secretariat of the Joint Committee and, for the purposes of constancy and publicity, to the competent Labour Authority.

4. The appointment of the arbitrator or arbitrators shall be free and shall be subject to impartial experts. The appointment will be carried out in the same way as the appointment for the mediators.

5. Once the arbitration commitment has been formalised, the parties shall refrain from any other proceedings on the matter or issues subject to arbitration.

6. Where a collective dispute has been submitted to voluntary arbitration by the parties, they shall refrain from striking or lockout for the duration of the arbitral proceedings.

7. The arbitration procedure shall be characterised by the principles of contradiction, hearing of the parties and equality between the parties. The arbitrator or arbitrators may request the assistance of experts, if necessary.

8. The arbitration decision shall be binding and immediately enforceable and shall give a reasoned decision on each and every issue set out in the arbitration agreement.

9. The arbitrator or arbitrators, who shall always act jointly, shall communicate to the parties the decision within the time limit set out in the arbitration undertaking, also notifying the Secretariat of the Joint Committee and the competent Labour Authority.

10. The resolution, if appropriate, shall be the subject of deposit, registration and publication in the same way as those provided for in Article 90 of the Staff Regulations.

11. The arbitration decision shall be the same as the effectiveness of the collective agreement.

TITLE IV

Conventional succession and subrogation

Article 19.

1. The provisions of this Title shall be exclusively applicable to permanent regular transport services of general, urban or inter-urban use, of passengers by road with mechanical traction vehicles of more than nine (a) the capacity of the driver to be placed in the public sector, provided that the driver's seat is not the same as that of the driver, or any of the indirect management arrangements for public services covered by the Public Sector Contracts Act. And all of this, irrespective of whether the undertaking which provides or is to provide such services is engaged in other transport activity or in the industry or services.

The provisions of this Framework Agreement do not prejudge the application, where appropriate, of the provisions of Article 44 of the Staff Regulations in order to the succession of undertakings.

2. The provisions of this title in order to the succession and the business subrogation shall not apply in the cases in which the outgoing undertaking has the character of public administration, state, regional, local or (a) institutions, entities or public bodies which are dependent on any of the administrations referred to above, unless their industrial relations are governed by the territorial collective agreements and/or autonomic areas of the functional scope of Article 3 of this Agreement.

3. The purpose of this Title is to regulate the status of employees ' contracts of employment of outgoing concessionaires/employees who are assigned to this type of passenger transport. the time limit for granting, or for any other cause, and the subject of a new procedure for the selection of a new service provider (an incoming undertaking). The provisions of this Title shall also apply in cases where the transport service under tender was reordered, unified, modified or given another name by the managing authority.

4. The effects of this article are considered to be "Conductor/a ascribed" to all that/lla, which performs its work in a regular way on the routes of the permanent regular service of general, urban or interurban use affected. The driver is not lost to the driver and is able to provide transport services other than the one to which he is assigned, provided that in terms of the annual working day, the latter services do not exceed 20% of the maximum working day (a) the ordinary course of the term of office of the Member State in which the contract was concluded, the date of the application of the contract, the date of receipt of the contract, the date of the application of the contract; expiration of the concession.

5. In relation to the rest of the staff (Takers, Workshops, Administration, Management, Exploitation, Logistics and other departments or sections) belonging to other categories or professional groups, they will be considered attached to the service and therefore subject to subrogation, to those employees who develop their activity, even if in part, in the affected concession service.

6. In terms of information and consultation rights, companies will be obliged to provide their union representatives with accreditative documentation of the workers assigned at each moment to each of the concessions. which have been awarded, described in paragraphs 4 and 5. In the absence of trade union representation, it shall be for each worker in the undertaking to whom such an attachment is made available to him. In the absence of trade union representation in undertakings, the Joint Committee shall be transferred to the Joint Committee for the information provided to the Ministry or Administration for the purpose of staffing the concession, at the time it is requested by the latter. In the lower sectorial areas, they may be regulated and require the same information and consultation processes or obligations.

Article 20.

The provisions referred to in the corresponding documents of administrative, legal, technical and economic clauses which discipline the corresponding procedures, due to their character of procurement rules administrative (and even if they collect forecasts in order to the staff subrogation regime), they will not affect, nor will they restrict the effectiveness and binding nature of the provisions of this Title. If no clause or provision relating to the subrogation in the employment contracts of the employees of the outgoing undertaking was collected in those documents, or the non-application was established for certain groups, or no references were made to they shall be, or shall not be mentioned, a number of workers less than those assigned to them by application of this Agreement, shall be equally binding in their entirety as provided for in this Agreement, by their binding nature in the work order, and for workers affected by the subrogation. Both in one and the other case, the subrogation shall be binding on the undertakings and the workers concerned in the terms of the repeated documents and in this Agreement, except in the case of a judicial decision (a) prove it, bad faith or irregular practice in the posting of workers to the concession subject to change of operator. For the purposes of this Article, the fact that a worker is assigned to a given concessionary service (all in the terms defined in Article 19-4.) shall be understood as an "irregular practice in the membership". is considered to be or is attached to a different concessional service.

Article 21.

A) When the succession of a new transport operator by completion, whatever the cause, of the permanent regular transport service of general use, occurs, the subrogation shall be produced by the incoming undertaking in the employment contracts of the employees assigned to the service, who credit at least six months of seniority in the affected concession of the outgoing undertaking by the time limit at the date of completion of the validity of the previous concession, all in the terms laid down in Article 44 of the Staff Regulations and in accordance with Article 44 of the Staff Regulations with the provisions of the following Articles, irrespective of whether or not the incoming operator receives the material and facilities used by the outgoing operator. The permanent regular transport service for general use shall be regarded as a productive and economic unit with its own entity and autonomy for the purposes of Article 44.2 of the Staff Regulations.

B) The period of six months ' seniority shall not apply to workers in the outgoing undertaking linked to contracts for the replacement of partial retirements, or to those connected with contracts of interinity subscribed to replace workers on leave/maternity/paternity leave, temporary disabilities, or those who have been incorporated to replace voluntary leave, total retirements, voluntary leave, suspension of the contract with the reserve of the post of job, permanent incapacity total, absolute or great invalidity or by death of a worker.

C) Nor will the temporary limit of the six months-and therefore be affected by the subrogation-be operated by those workers who have joined the affected concession service in the time period between the the maturity of the previous concession and the effective start of the following, provided that the following circumstances are cumulated:

-That the worker belongs to the same professional group, with the same or lower average age as the remaining workers objects of subrogation of his own group, and the cost of the worker, in terms of days equivalent, be similar to that of the latter.

-That the worker, at least, has an age of two months immediately prior to the effective start of service delivery by the new operator. This minimum age shall not be required in the cases provided for in point (B) above.

-That the total number of workers in the same group existing at the time of the granting, measured in terms of the day, of the concession service is kept constant.

D) The temporary nature-in its case-of these contracts, determined by the cause that originated them, will not be distorted by the fact that the subrogation operates, so they will be extinguished on the date agreed upon.

Article 22. Obligations of the outgoing company.

Without prejudice to the right to subrogation of workers and the obligation of subrogation in the contracts of employment referred to in this Title, the outgoing undertaking, within five days of the award of the service The following documentation and information will be provided to the incoming company on paper and in IT support:

-A relationship of workers object of subrogation, with copies of their work contracts, the last six payslips written and copies of the existing conditions or covenants with each one of them-exist-.

-In the same way it will provide information of the annual gross salary, category, job and professional group of each of them, differentiated by concepts, type of contract, seniority, date of obtaining or renewal of the CAP -when applicable-.

-Copy of the communication submitted to the representation of the workers of the outgoing company, with the acknowledgement of receipt, on the award of the service, expressing with the due detail identity of the new successful tenderer, the identity of the workers subject to subrogation and written or unwritten, individual or collective agreements, existing and communicated to the incoming undertaking.

-The incoming Company shall not be liable or assume the working conditions not reflected in collective or individual agreements or covenants that have not been communicated to it by the outgoing Company in the terms established in the previous paragraph, or not included in the Administrative Expedient of Contracting. In any event, the rights and the judicial or judicial actions that may be attended by both the workers and the incoming Company shall be subject to the exception of the defective or inaccurate information and documentation provided by the company. outgoing.

The forecasts contained in this Article 22 apply and are mandatory, exclusively for outgoing and incoming companies, and in no way will harm the rights and actions of each worker, individually, assist you in claiming your working conditions, whether economic or otherwise.

The outgoing company, in this process of information and documentation delivery, will be adjusted to the one provided in the tender file to the Contracting Administration. If, in the documents or in the tender procedure, no clause or provision relating to the subrogation in the employment contracts of the employees of the outgoing undertaking is collected, or the non-application for certain groups is established, -no reference to them or no mention shall be made-, or shall establish a number of workers less than those assigned to them by application of this Agreement, shall be equally binding in all its entirety as provided for in this Agreement and for the workers affected by the subrogation, in the case of such subrogation, workers defined in Article 19 (4) and (5

.

Article 23. Obligations of the incoming company.

The incoming company will be subject to the high social security of workers subject to subrogation with effect from the same day on which it effectively initiates the provision of the concessional service from which it has resulted. Adjudicataria. If training or recycling processes are necessary for the adaptation of the subrogated workers to the new systems of organization of the service or the use of the vehicles, they will correspond to the incoming company.

Article 24. Effects of the subrogation.

The contractual subrogation will have effects in the field of work (economic and social security obligations), for the outgoing company, the day on which the service effectively ceases, and for the incoming company, the day the commencement of the effective provision of the service (or on the date of the opening of the service raised by the granting authority, if any). All obligations of an economic nature-whether salary or extra-wage-and of social security, relating to workers affected by the subrogation, shall be on behalf of the outgoing undertaking or the incoming undertaking, up to and from the dates referred to in this Article. If, by the courts, of any order, another temporary moment is established in a final judgment to impute the corresponding obligations to one company or another, it shall be as indicated therein, without prejudice to the right of repetition could assist any of them on the basis of the temporary moments here agreed.